93 Decision Citation: BVA 93-04644
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-17 436 ) DATE
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THE ISSUES
1. Entitlement to an increased evaluation for right
epididymitis, currently rated 10 percent disabling.
2. Entitlement to an effective date prior to November 15,
1990, for the grant of service connection for right
epididymitis.
REPRESENTATION
Appellant represented by: Michael W. Willis, Attorney
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Hilary L. Goodman, Counsel
INTRODUCTION
The veteran had active service from August to October 1954.
This matter comes before the Board of Veterans' Appeals
(hereinafter the Board) on appeal from a decision in March
1992 by the Winston-Salem, North Carolina, Regional Office.
The notice of disagreement was received in March 1992. The
statement of the case was issued in May 1992 and the
substantive appeal was received later the same month. A
supplemental statement of the case was issued in August
1992. The appeal was docketed at the Board in September
1992. A hearing on appeal before a Board member, attended
by the veteran, was conducted in December 1992. The veteran
is being represented in this matter by Michael W. Willis,
Attorney.
REMAND
During the course of the aforementioned hearing on appeal,
the issues of service connection for chronic orchialgia and
impotence as secondary to the veteran's service-connected
right epididymitis were raised as was the issue of special
monthly compensation for loss of use of a creative organ.
Ronald P. Glinski, M.D., Ph.D., in a September 1992 report
indicated that the veteran was continuing to have difficulty
with his testicles. After listing diagnoses which included
right orchialgia; atrophic testes, more on the right than on
the left; and partial erectile impotence, Dr. Glinski noted
that a number of laboratory studies were conducted,
including checking the veteran's serum testosterone level.
However, the reports of these laboratory studies are not
currently of record. The most recent treatment records from
Dr. Glinski are dated in February 1992.
It has been contended that the February 1992 Department of
Veterans Affairs (VA) urological examination did not
evaluate the severity of the veteran's right epididymitis
and it has been requested that another VA examination be
scheduled. The VA does have a duty to assist the veteran in
the development of his well-grounded claim. After reviewing
the record, consideration of the issue of an earlier
effective date will be deferred and the appeal for an
increased evaluation is being REMANDED to the originating
agency for the following action:
1. The originating agency should contact
the veteran's attorney in order to obtain
written authorization from the veteran for
the release of his medical records from
Dr. Glinski of Whiteville, North Carolina.
After receiving authorization, the origi-
nating agency should contact Dr. Glinski
in order to obtain copies of the
veteran's treatment records dated
subsequent to February 1992 as well as
copies of all laboratory reports. All
records obtained should be associated
with the veteran's claims folder.
2. Upon completion of the above, the
originating agency should schedule the
veteran for an examination by a urologist
in order to determine the current nature
and severity of the veteran's
service-connected right epididymitis and
to identify any disabilities
etiologically related to the right
epididymitis. A determination should be
made as to whether there has been a loss
of erectile and ejaculatory powers. All
tests deemed appropriate by the examiner
should be performed. All clinical
manifestations should be reported in
detail. The examining physician should
be given access to the veteran's claims
folder for a sufficient period of time
prior to the examination to allow for a
complete review of the record, including
the additional medical records obtained.
3. The originating agency, before
adjudicating the issue of entitlement to
an increased evaluation for right
epididymitis, should first develop the
veteran's claims for entitlement to
service connection for chronic orchialgia
and for impotence and for entitlement to
special monthly compensation based on
loss of use of a creative organ.
4. If any determination on an issue under
appeal is unfavorable to the veteran, a
supplemental statement of the case, which
sets forth the evidence of record as well
as the laws and regulations on the issues
of service connection and special monthly
compensation if appealed, should be
furnished to the veteran and his attorney.
After affording the veteran and his attorney the appropriate
period of time in which to respond to the supplemental
statement of the case, the veteran's claim should be
returned to the Board for further appellate consideration,
if otherwise in order. The purposes of this REMAND are to
ensure all due process as well as to secure clarifying
information. No action is required by the veteran until he
receives further notice.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
(MEMBER TEMPORARILY ABSENT) WAYNE M. BRAEUER
CHARLES E. HOGEBOOM
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
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the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 57 Fed.
Reg. 4126 (1992) (to be codified as 38 C.F.R. § 20.1100(b)).